OBAVEZNA VAKCINACIJA PROTIV COVID-19 IZ PERSPEKTIVE LJUDSKIH PRAVA

Abstract

Analysis of mandatory vaccination against Covid-19 from a human rights perspec- tive shows that such practice jeopardises the enjoyment of a range of fundamental human rights, including the right to life, physical integrity, safety, and health. The basic assump- tion for implementing immunization against any infectious disease, including Covid-19, is that the vaccine that is applied is tested, effective and safe. Vaccines against this infectious disease have not been sufficiently tested. Besides, mRNA vaccines are based on genetic material and they have never been used before for the purpose of immunization from a disease. Thus, these types of vaccines are experimental, so they may not be administered prior the informed voluntary consent of a person. No one can be exposed to political, social or any other pressure to vaccinate themselves if they do not want to do so, and the right to an effective remedy and compensation must be provided to all. Vaccine manufactur- ers cannot be free of liability for potential harmful consequences of their products. States should take measures to protect people and public health against undue influence of the pharmaceutical industry. The first part of the paper gives an overview of the context, specificities and main controversies related to vaccine development, testing and safety, informing of the public about the vaccines against Covid-19, freedom of scientific expression, and private-pub- lic partnership between pharmaceutical corporations, states and World Health Organiza- tion. The second part presents the main relevant international and regional human rights standards. The third part includes the evaluation of the level of respect and protection of human rights regarding mandatory immunisation against Covid-19. The aim of the paper is to contribute the scientific discussion in this field.